(1.) Challenge in the present appeal has been directed against concurrent findings recorded by the Courts whereby suit filed by the appellants/plaintiffs for declaration and permanent injunction was dismissed by the trial Court vide judgment and decree dated 03.04.2013 that came to be affirmed in appeal by the Additional District Judge, Ludhiana vide judgment and decree dated 13.07.2015.
(2.) In brief, case of the appellants/plaintiffs is that previously Bachan Singh, predecessor in interest of defendants was co-owner in joint possession of land measuring 2 kanal 8 marlas situated at village Nasrali. Vide sale deed dated 08.06.1960, Bachan Singh sold suit land measuring 6 1/2 marlas comprised in rectangle No.51 killa No.16 as per the jamabandi for the year 1960-61 to Sahib Singh, father of the plaintiffs and delivered actual possession to Sahib Singh. Plaintiffs were joint in mess with Sahib 1 of 9 Singh. Sahib Singh was also one of the co-owners in land measuring 2 kanal 8 marlas. Bachan Singh died in the year 1991-92 leaving behind defendants as his legal heirs. Sahib Singh also died leaving behind the plaintiffs as his legal heirs. Sahib Singh executed Will dated 07.01.1972 in favour of the plaintiffs and his widow Gurnam Kaur. Gurnam Kaur executed registered Will dated 10.01.1991 in favour of plaintiffs. The plaintiffs, when they obtained jamabandi for the years 2000-01, came to know that mutation in the names of plaintiffs has not been sanctioned. The plaintiffs are in actual physical possession of the suit land. The defendants are threatening to alienate and dispossess the plaintiffs from the suit land for which they have no right. Hence the suit.
(3.) The respondents/defendants filed the written statement taking preliminary objections in respect of maintainability; locus standi and that sale deed dated 08.06.1960 is false and fictitious document. It was never implemented in the revenue records. However, it has been admitted that Bachan Singh, Sahib Singh and Teja Singh were co-sharers in land measuring 2 kanal 8 marlas and share of Bachan Singh is entered in the jamabandi for the year 1960-61. Bachan Singh was separate in mess and residence from Partap Singh and Teja Singh. He remained in separate and exclusive possession of 2/5th share in land out of killa Nos.26, 27 of rectangle No.51. After death of Bachan Singh, defendants are in possession of land left behind by Bachan Singh. All other material averments raised in the plaint have been denied with a prayer for dismissal of the suit.